On February 2, 2021, the Town Council adopted Resolution No. 2021-01 establishing a transparent and standard protocol for quasi-judicial hearings as follows:
The Town Council of the Town of Orchid recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following Quasi-Judicial Procedures are to be adhered to in the conduct of such hearings.
Swearing in of Witnesses. Any person presenting factual information to the Town Council, Board, or Agency during the hearing shall be sworn in. The administration of the oath or affirmation shall be done by the Town Clerk on the record at the time the person comes to the podium or as a group before the hearing commences. If the Town Clerk is not available, the Town Attorney can administer the oath. Citizens wishing to merely express an opinion in favor of or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant’s position, need not be sworn in.
Admissibility of Evidence. The Town Attorney, upon an objection raised or upon his or her own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be overruled by a majority of the Town Council or the Board or Agency upon a motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive any evidence presented, and the same shall be maintained in the custody of the Town Clerk.
Time Limitations. The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Town Council, Board, or Agency by majority vote, may set limits on the length of presentations and the number of witnesses on a case-by-case basis.
Competent Substantial Evidence. In deciding whether the application does or does not meet the standards, the Town Council, Board or Agency must base its decision on what is known as “competent substantial evidence”. Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Competent evidence means legally sufficient evidence. Competent substantial evidence should be based in fact, be reliable, and tend to prove a point such that a reasonable mind would accept it as sufficient to support the conclusion reached. Competent substantial evidence should not be speculative, hypothetical, or conjecture. Instead, it must be relevant, material and within the purview of knowledge of the witness offering the evidence.
The Applicability of the Law. Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in the application. For this reason, when deciding a quasi-judicial matter, the Town Council, Board or Agency is restrained to consider and apply the criteria set forth in the applicable Code section(s) at issue. For example, if the Town Council, Board, or Agency is considering a variance, it is limited to applying the competent substantial evidence to the factors outlined in Section 82-6 of the Code or as amended.
Due Process. A party to a Quasi-Judicial Hearing should be provided procedural due process, which consists of providing reasonable notice of the hearing; an opportunity to be heard at the hearing; presenting evidence at the hearing; and an opportunity to cross-examine witnesses.
Ex-Parte Communication. At the time the Mayor or Chair opens the hearing, members of the Town Council, Board or Agency shall disclose ex parte communications in accordance with law. An ex parte communication is any communication, oral or written, between members serving on the Town Council, Board or Agency and the public, other than those made on the record at the public hearing.
Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order:
Presiding Officer opens hearing,
Town Clerk or Town Attorney reads title of request,
Councilmembers, Board Members, or Committee Members disclose ex parte communications,
Town Clerk swears in all who intend to provide testimony,
Applicant makes presentation,
Staff presents findings and analysis,
Councilmembers, Board Members, or Committee Members ask questions of the applicant and staff,
Presiding Officer opens the floor for anyone in favor of the request,
Presiding Officer opens the floor for anyone opposing the request,
Applicant is provided an opportunity to respond to issues raised by staff or public,
Staff is provided an opportunity to summarize the request if needed,
Councilmember, Board Member, or Committee Member deliberation and questions,
Presiding Officer calls for a motion, and
Town Council, Board, or Agency takes action.
Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearing matters that are determined to be quasi-judicial under the laws of the State of Florida.
In 2013, the Town Council adopted a Resolution regarding Public Input Procedures, which affords members of the public a reasonable opportunity to be heard on propositions presented for formal, official action at Town Council and other Town board and committee meetings in accordance with Section 286.0114, Florida Statutes, as follows:
Public Comments on Agenda Items. Agendas shall be ordered in a manner that allows public comments on agenda items at the beginning of each Town Council and other Town board and committee meeting prior to the Council, board, or committee voting on a proposition that is on the agenda for formal official action, except as provided in Sections 2 and 3 of this Resolution.
Statutory Exceptions. As provided in Section 286.0114, Florida Statutes, public comment will not be required on the following propositions: a. Emergency items, meaning an official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with Section 286.0114, Florida Statutes, would cause an unreasonable delay in the ability of the Council, board or committee to act; b. Ministerial items, meaning an official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations. Ministerial items also include motions or questions of parliamentary procedure that do not result in a final official action of an item before the Council. c. Quasi-judicial items.
Public Hearing Items. Public comments on public hearing agenda items will be taken at such time the item is presented and considered by the Council, board or committee unless otherwise permitted by the Council, board or committee at the beginning of the meeting or at such time the public hearing is continued.
Propositions Not on the Agenda. If a proposition is considered by the Town Councilor other Town, board or committee at a scheduled meeting, which is not listed on the agenda, and consideration shall constitute final official council, board or committee action, then the Mayor or presiding officer will offer the public an opportunity to speak to that item before the decision is made. However, if final official council action on the proposition will occur at a subsequent council, board or committee meeting, the Mayor or presiding officer will offer the public an opportunity to speak to that item at the meeting at which the council, board or committee takes final official action on the proposition subject to the applicable provisions of this Resolution.
Town Council and Other Town Board or Committee Workshops. The Town Council and other Town boards and committees hold workshops to consider certain items which are not ready for official action. The public is always welcome to attend, and is welcome to provide comments regarding workshop items to the Town Council, Town Board, or committee and Staff outside a meeting. Typically, workshops provide the Town Council and Town boards or committees an opportunity to discuss the topic of the workshop among themselves and with Town staff. Public comment will not be heard at workshops unless authorized by majority vote of the Town Councilor Town board, or committee, but public comment on workshop items will be taken at the very next regular Town Council, Town board, or committee meeting following the workshop during the public comment portion of the meeting on that item.
Exempt Meetings. Public comments will not be taken at meetings that are exempt from the Sunshine Law and not open to the public, including, but not limited to, attorney-client executive sessions and security meetings.
Designated Speaker Time Periods. Unless otherwise provided by a more specific Town Council, Town Board, or committee rule, public comment shall be limited to 3 minutes per speaker. The Town Council or Town Board or committee may adjust this time period by majority vote in order to ensure the meeting is conducted in an orderly and efficient manner and all persons desiring to speak are afforded a reasonable opportunity to be heard.
Savings Clause. The failure of the Town Council, Town Board or committee, or the Mayor or presiding officer to abide by the provisions of this Resolution shall not have any adverse effect on any final official action made by a majority vote of the Town Council, Town Board or committee.
Speaker Forms. Forms may be prepared for an individual to use in order to inform the Town Council and other Town boards and committees of a desire to be heard; to indicate the individual's support, opposition, or neutrality on a proposition; and to indicate the individual's designation of a representative to speak for him or her or his or her group on a proposition if the individual so chooses.
The Town Council of the Town of Orchid meets once monthly for a regular meeting, except in the months of June, July, August, and October.
The regular monthly meetings are held on the first Wednesday of every month. The meetings are scheduled to start at 9 a.m., but a different date and time may be selected if required by law or necessitated by other circumstances.
In September, the Town Council holds 2 regular meetings in order to adopt the tentative and final budgets. The dates for these meetings are set as part of the Truth-in-Millage process and deviate from the regular schedule for the rest of the year.
Special-called meetings may be scheduled as required in addition to the regular monthly meeting. These special called meetings shall be duly advertised and shall pertain only to the matter for which the meeting was called.
Committees do not have a regularly scheduled meeting, but are called to meet as required. Their meetings are all special-called meetings, unless a regularly scheduled meeting is part of the committee's creation.
Cancellations are announced on the Town's website.
These rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly, and with full participation. This is best achieved when common courtesy and decorum are observed by all participating parties. The Mayor/Chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question, while also remaining open and free to all opinions. However, if a debate is too loud, too personal, or too crude, the Mayor/Chair has the responsibility of intervening. If multiple members of the body are speaking at once, the Mayor/Chair should recognize 1 member first and then allow the second member to speak, and so on, to ensure all members have the opportunity to be heard and understood. Generally, a speaker should not be interrupted, barring these few exceptions:
Point of Privilege: Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. A member may bring this to the attention at any time during a meeting without using the language "point of privilege".
Point of Order: Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the Mayor/Chair moved on to a vote on a motion without allowing discussion or debate. A member may bring this to the attention of the Mayor/Chair at any time during a meeting without using the language "point of order.
Call for orders of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the Mayor/Chair discovers that this is the correct call, the Mayor/Chair simply reminds the body to return to the agenda item.
Opening, recessing, and adjourning a meeting are functions of the Mayor/Chair. The Mayor/Chair opens and closes the meeting with a tap of the gavel and a verbal acknowledgement. If a recess is necessary, then the Mayor/Chair announces the recess verbally and includes the time at which the recess will end. The Mayor/Chair reconvenes the meeting verbally at the proposed time. No motion needs to be made, but the Mayor/Chair must be mindful of the wishes of the body in conducting these actions.
After a meeting is called to order by the Mayor/Chair, a verbal roll call of all the members is taken. Members must respond audibly to affirm their presence. Absences are noted for the official minutes.
Additions, Deletions, & Modifications
On the agenda of regular meetings, there is the opportunity for members of the body or staff to request the addition, deletion, or modification of agenda items. Approval of requests may be handled via motion, consensus of the body, or approval by the Mayor/Chair. New items ought only to be discussion items and not action items, except if the item regards an emergency; discussion items may be recommended to be brought forward at the next meeting for action. ·
Public Participation
Members of the public have the opportunity early in a regular meeting to bring forward topics that they would like to speak on that are not already on the agenda with a public hearing. Speakers are asked to submit a "speaker sheet" in advance of the start of the meeting. These are available at Town Hall.
Proclamations
When the Town Council has a proclamation to attend to, the related item should be included early on the agenda (usually after the consent agenda and before council business). The Mayor invites the recipient of the proclamation to stand in front of the dais. The proclamation's body of text is read in its entirety. It is preferable for the reader to stand during this reading. Once the proclamation has been read, the Mayor signs it on behalf of the Town Council, as attested to by the Town Clerk. The document is presented to the recipient.
Swearing In of a New Councilmember/Charter Officer
In the case of a new Councilmember or Town Manager, the Town Clerk, as an active notary public, invites him/her to stand and raise his/her right hand. She then takes the oath prescribed in the Town's Charter. If the new Charter Officer is the Town Clerk, then the Town Attorney or Town Manager (as notary public) takes the oath. Once the oath is complete, new Councilmember(s) and/or Charter Officer(s) take a seat at the dais.
Swearing In of Witnesses
During a quasi-judicial hearing, witnesses may need to be sworn in to tell the whole truth and nothing but the truth. The Town Clerk, as an active notary public, or the Town Attorney asks witnesses to stand for this swearing-in, to raise the right hand, and to repeat the oath after him/her.
Millage Rate
Before the millage rate for the upcoming fiscal year is determined by the Town Council, the rolled back rate must be announced. Once a millage rate is determined, the percentage increase over the rolled-back rate must be announced as well. Only then may the Resolution that sets the millage rate for the upcoming fiscal year be approved by motion and roll call vote.
During debate and discussion of a motion, the maker of the motion on the floor may interrupt a speaker to withdraw his or her motion. The motion is immediately deemed withdrawn, although the Mayor/Chair may ask if another member of the body would like to make the motion again. It will require another second to proceed to debate again.
There is a statutory requirement that the votes of all members of the Town Council and of its committees who are present at a meeting at which an official decision, ruling, or other official act is to be taken or adopted must be counted. No such member may abstain from voting unless there is, or appears to be, a possible conflict of interest. If such a conflict exists or appears to exist, then that member shall comply with the disclosure requirements of Florida law. If the official decision, ruling, or act occurs in the context of a quasi-judicial proceeding, a member may abstain from voting on such matter if the abstention is to assure a fair proceeding free from potential bias or prejudice. (See Chapter 286.012, Florida Statutes)
If a member of the body abstains from voting, he/she is not counted in the total to determine the simple and/or 2/3 majority requirement; it is for the purposes of that particular vote as though the member is not present. He/she still counts toward the quorum for the meeting.
All motions require at least a simple majority, but there are a few exceptions where the criteria for passage of a motion are more stringent. The exceptions come up when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a supermajority to pass. Also, when selecting the millage rate for a new fiscal year, there are specific rules that dictate how high a millage rate can increase depending on the in-favor votes.
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in turn, for full discussion. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the Mayor/Chair that it is time to move on and take action. Members of the body may use the following motions to guide or curtail debate.
Motion To Limit Debate
The most common form of this motion is to say, ''I move the previous question" or ''I move the question" or ''I call the question". As a practical matter, when a member makes such a motion, the Mayor/Chair can expedite matters by treating it as a "request" rather than as a formal motion. The Mayor/Chair can simply ask the body if any further discussion is of interest. If no one wishes to have further discussion, then the Mayor/Chair can go right to the motion for action.
However, if even 1 person wishes to discuss the pending motion further, then the Mayor/Chair should treat the request as a formal motion and proceed by requesting a second and conducting a vote. The motion to limit debate requires a supermajority vote of the body. If the motion carries, the discussion ends, and a vote on the open matter is taken.
Note: A motion to limit debate may include a time limit. For example: ''I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a 2/3 vote of the body.
Motion To Table
This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on hold. The motion can contain a specific time in which the item can come back; "I move we table this item until our next regular meeting," "I move we table this item to the end of this meeting," "I move we table this item until the expert can be present for the discussion". It requires only a simple majority vote.
Motion To Reconsider
After a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made and passed. A motion to reconsider requires a simple majority vote to pass, but there are 2 special rules that apply only to the motion to reconsider:
A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a supermajority, allow a motion to reconsider to be made at another time.)
A motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body - including a member who voted in the minority on the original motion - may second the motion).
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
